HomeMy WebLinkAboutSD-11-38 - Decision - 0005 Bartlett Bay Road#SD-11-38
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ANTONIO B. POMERLEAU
1519 & 1525 SHELBURNE ROAD
5 BARTLETT BAY ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-11-38
FINDINGS OF FACT AND DECISION
Antonio B. Pomerleau, LLC, hereafter referred to as the applicant, is requesting preliminary and
final plat approval to: 1) remove the planned unit designation for the two (2) lots at 1519-1525
Shelburne Road & 5 Bartlett Bay Road, and 2) subdivide the 1.91 acre parcel developed with
two (2) commercial buildings into two (2) lots of 0.92 acres (lot #2) and 0.99 acres (lot #3), and
3) increase the size of lot #1 from 4.65 acres to 4.73 acres, 1519 & 1525 Shelburne Road.
The Development Review Board held a public hearing on November 15, 2011. Matthew
Wamsganz represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. Antonio B. Pomerleau, LLC, hereafter referred to as the applicant, is requesting
preliminary and final plat approval to: 1) remove the planned unit designation for the two
(2) lots at 1519-1525 Shelburne Road & 5 Bartlett Bay Road, and 2) subdivide the 1.91
acre parcel developed with two (2) commercial buildings into two (2) lots of 0.92 acres
(lot #2) and 0.99 acres (lot #3), and 3) increase the size of lot #1 from 4.65 acres to 4.73
acres, 1519 & 1525 Shelburne Road.
2. The owner of record of the subject property is Antonio B. Pomerleau LLC.
3. The application was received on October 11, 2011.
4. The project was reviewed at the sketch plan level on October 4, 2011.
5. The subject property is located in the Commercial 2 Zoning District.
6. The plans submitted consist of a two (2) page set of plans, page one (1) entitled
"Preliminary Plat of Survey", prepared by Civil Engineering Associates, dated October
2011.
FAUSERS\Planning & Zoning\Development Review
Board\Findings_Decisions\2011 \SD_11_38_1519_1525ShelburneRd_56artlettBay_Pom erleau.doc
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No new construction is proposed.
As the applicant is seeking to remove the PUD designation while also creating new lots, these
lots must stand alone and shall not have access to the waiver provisions provided under PUD
provisions.
Zoning District & Dimensional Requirements:
Dimensional Requirements- Lot I
C2 Zoning District
Required
Proposed
Min. Lot Size
40,000 SF
4.73 acres
Max. Building Coverage
40%
30.5%
Max. Overall Coverage
70%
64%
4 Max. Front Yard Coverage
30%
34.8%
Min. Front Setback
30 ft.
>30 ft
Min. Side Setback
10 ft.
>10 ft
Min. Rear Setback
30 ft.
>30 ft
Max. Building Height
35 ft. j
unchanged
4 zoning compliance
48 preexisting noncompliance
Dimensional Requirements- Lot 2
C2 Zoning District
Re uired
Proposed
Min. Lot Size
40,000 SF
.92 acres
Max. Building Coverage
40%
16.1 %
Max. Overall Coverage
70%
68.1 %
+ Max. Front Yard Coverage (Bartlett Bay
Rd
30%
66.2%
4 Max. Front Yard Coverage (Shelburne
Road
30%
96.2%
� Min. Front Setback Bartlett Bay Rd
30 ft.
35 ft
4. Min. Front Setback Shelburne Rd
50 ft.
20 ft
Min. Side Setback
10 ft.
20 ft
Max. Buildin Height
35 ft.
unchanged
zoning compliance
4 preexisting noncompliance
2
FAUSERS\Planning & Zoning\Development Review
Boarffindings_Decisions\2011\SD_11_38_1519_1525ShelburneRd_5BartlettBay_Pom erleau.doc
#S D-11-38
Dimensional Requirements- Lot 3
C2 Z2!1 District
Required
Proposed
Min. Lot Size
40,000 SF
.99 acres
Max. Building Coverage
40%
28.4%
Max. Overall Coverage
70%
69.9%
4 Max. Front Yard Coverage
30%
38.3%
Min. Front Setback
50 ft.
>50 ft
Min. Side Setback
10 ft.
15 ft
Min. Rear Setback
30 ft.
>30 ft
Max. Building Height
35 ft.
unchanged
4 zoning compliance
40 preexisting noncompliance
The proposed lots meet the dimensional standards for lot size, overall coverage, and building
coverage. Front yard coverage on all lots is pre-existing non-compliance. No additional
impervious surface has been added to the front yards of any of the three proposed lots. All
exceed maximum coverage to date. As no new construction is proposed, the Board does not find
that there is a nexus for removal of any pavement.
Parking was previously unique to each building and unshared. Parking will remain unshared.
DECISION
Motion by Joe Randazzo, seconded by Roger Farley, to approve Final Plat Application #SD-11-
38 of Antonio B. Pomerleau LLC, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The plat shall be revised to show the change below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to
the Administrative Officer prior to permit issuance.
a. The survey plat shall be revised to include the seal and signature of the land
surveyor.
FAUSERS\Planning & Zoning\Development Review
Board\Findings_Decisions\2011\SD_11_38_1519_1525ShelburneRd_5BartlettBay_Pomerleau.doc
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b. The survey plat shall be revised to note that it is a final plat, not a preliminary
plat.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of
the South Burlington GIS Coordinator.
Tim Barritt— Xa/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — Lea/nay/abstain/not present
Joe Randazzo— yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
William Stuono — yea/nay/abstain/not present
Motion carried by a vote of 4 — 0 — 0
Signed this IL day of 2011, by
William Stuono, Vice Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be
mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street,
South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental
Division at 802-828-1660 or http://vermontjudiciM.ororp/GTC/environmental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
M
FAUSERS\Planning & Zoning\Development Review
Board\Findings_Decisions\2011\SD_11_38_1519_1525ShelburneRd_5BartlettBay_Pomerleau.doc